Scars decisions — 2007

The Board denied increased ratings for the veteran's conditions, including residuals of head injury with skull loss, rectus muscle paralysis with diplopia in his left eye, status post compression fracture with degenerative changes and cervical neuritis, and tender operative scar from a hip donor site.

The Board denied the veteran's claims of service connection for hearing loss disability in his right ear, residuals of burns on his back, and a scar on his right tibia. The decisions were found to be final due to lack of timely appeal.

The veteran's service-connected disabilities do not render him unemployable, as he is currently employed and the combined disability rating does not meet the criteria for a total disability evaluation based on individual unemployability.

The Board found that the veteran's claim for an earlier effective date for the grant of three 10 percent evaluations for scars on his left leg was not supported, as there was no evidence within one year prior to September 1998 indicating a compensable level of disability.,The May 2, 1988 rating decision which granted service connection for multiple gunshot wound scars and assigned a non-compensable evaluation did not contain CUE.

The VA denied the veteran's claim for an increased disability rating for her service-connected left ankle surgery with scar, currently rated at 10 percent. The evidence did not show marked interference with employment or frequent periods of hospitalization due to the condition.

The veteran's service connection for corneal scarring of the left eye with loss of visual acuity is granted. The issue of whether any other acquired eye disability, including cataracts and corneal scars in both eyes, are related to service remains on appeal.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The veteran's claim for restoration of a 10% rating for a residual scar associated with service-connected right inguinal hernia repair is granted, as the evidence does not show material improvement in the disability.

The veteran's service-connected disabilities do not meet the criteria for a total rating based on individual unemployability due to service-connected disabilities, as his combined disability rating is only 20 percent. He also does not qualify for special monthly compensation based on need for regular aid and attendance or housebound status.

The Board granted the veteran's claim for a 10 percent disability rating for his service-connected head scar, residual of shrapnel wound, effective from August 30, 2002.,The Board also granted the veteran's claims for a 10 percent disability ratings for his service-connected jaw and bilateral leg scars, residual of shrapnel wounds, both effective from August 30, 2002.

The Board has determined that the veteran's current disability rating of 80 percent for service-connected residuals of fracture, head of the left femur, with avascular necrosis, post-traumatic arthritis, and postoperative healed residual scars is appropriate.

The Board found that the veteran's service-connected scar did not contribute to his death from pulmonary tuberculosis, and thus denied the claim for service connection for the cause of death.

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a compensable rating or higher disability ratings for various conditions, including PTSD, COPD, and hearing loss.

The veteran's claims for service connection due to herbicide exposure and increased ratings for scars on his hands have been denied. He is currently receiving a noncompensable rating for scars of the right index and middle fingers.

The veteran's postoperative residuals of left healed compound fractures of the 3rd, 4th, and 5th metatarsals are rated at 30 percent. The initial disability rating for his residual left foot scars is also granted at 10 percent.

The Board has determined that the veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.

The Board has determined that the veteran's post-operative papillary thyroid adenocarcinoma residuals and left thumb laceration scar residuals warrant a 10 percent evaluation each, with no need for further action on her part.

The Board denied the veteran's claims for increased ratings and failed to reopen his service connection claims. The veteran was not provided with proper VCAA notice.

The veteran's appeal is being remanded due to the need for further development of his claims, including a new examination and clarification of disability ratings.